5.  The applicant was born in 1968 and lives in Bucharest.
6.  By a final judgment of 22 October 2008 the Bucharest Court of Appeal convicted the applicant of attempted aggravated theft and sentenced him to two years’ imprisonment on the basis of documentary and testimonial evidence.
7.  On 16 March 2009 the applicant was detained in Rahova Prison.
8.  On 10 December 2009 the applicant stated to the Court that following his return to prison on 16 August 2009 he had to share a cell with fourteen other detainees. Some of the detainees were smokers, even though his medical condition dictated that he should avoid smoking and passive smoking. The temperature in the cells was very low and the detainees were forced to fill in cracks in the windows with their own clothes. The bedding was infested with bedbugs and the applicant developed a severe rash from insect bites. Furthermore, he was forced to sleep with the light on at night and to live in poor hygiene conditions. In addition, the food was of poor quality and he was not provided with a diet suitable for his medical condition.
9.  The applicant was detained in cells nos. 101 and 105 from 16 March to 8 April 2009, from 16 August to 7 September 2009 and from 2 May to 27 May 2010.
10.  Each of the cells measured 19.3 sq. m and during the applicant’s detention had been occupied by between five and thirteen inmates. The cells were fitted with an unspecified number of bunk beds measuring 1.80 x 0.80 metres, tables, benches, a coat hanger and a television stand. During his detention the applicant had his own bed. Smokers were segregated from non-smokers. On 3 June 2010 the applicant signed a written statement declaring that he was a smoker.
11.  Each of the cells also had a bathroom fitted with two sinks, a shower and a toilet with natural ventilation. Cold water was supplied at all times, and warm water was available twice a week. Rubbish collections were carried out and the halls, stairs and prison buildings were cleaned twice a day or as often as required. The prison issued inmates with specific cleaning materials and they could purchase any personal hygiene products they needed from the prison shop. The cells were disinfected of bugs and vermin by specialist companies every three months or as often as required.
12.  The prison was fitted with its own gas central heating system and the cells had radiators, which were on for a total of eight hours a day depending on the weather.
13.  The applicant was provided with a special diet for his heart condition. The food was prepared daily and was of good quality.
14.  At night only a dim light in the hallway was turned on. Lights within the cells were normally switched off at night, and detainees could turn them off themselves as there were light switches in the cells.
(b)  Jilava Prison
15.  The applicant was detained in cells nos. 418 and 419 in the Jilava Prison Hospital from 17 September to 25 November 2009, from 14 December 2009 to 16 February 2010, from 3 to 15 June 2010 and from 26 July to 6 December 2010.
16.  Each of the cells measured 45.29 sq. m and during the applicant’s detention until 25 November 2009 had been occupied by between nine and thirteen inmates, and by between seven and eleven inmates for the remaining periods. The cells were fitted with between seven and fourteen beds.
17.  Cold water was supplied at all times, except for when occasional maintenance work was carried out. Warm water was available twice a week and each cell was allocated fifteen minutes for detainees to wash themselves.
18.  The cells were disinfected as often as required. The detainees were provided with cleaning materials and rubbish was collected on a daily basis. The detainees could have their clothes and underwear laundered weekly upon request, and the cells were disinfected of bugs and vermin by specialist companies.
19.  In the hospital cells in which the applicant was detained, smoking was banned and detainees were not allowed to carry cigarettes, regardless of whether or not they were smokers.
20.  The applicant was provided with a special diet during his detention.
21.  At night, only a dim light in the hallway was turned on. Lights within the cells were normally switched off at night, and detainees could turn them off themselves as there were light switches in the cells.
22.  According to the applicant, following his return to prison on 16 August 2009 the authorities failed to provide him with adequate medical care and denied him the medication he required for his medical condition because of a lack of funding. Consequently, his mother had to purchase his medication for him.
23.   During his detention in Rahova and Jilava Prisons the applicant was provided with a special diet for his heart and other medical conditions.
24.  On 17 March 2009 the applicant was examined by the Rahova Prison doctor. He was diagnosed with a serious heart condition, an ulcer and chronic hepatitis C. He was administered the medication he required, which he had been prescribed by specialist doctors and had brought with him from home. According to the medical documents submitted by the Government, the applicant received medication used for treating ulcers and heart problems. On the same date the prison doctor recommended that the applicant be taken to Jilava Prison Hospital for a cardiology examination.
25.  On 20 March 2009 the Jilava Prison Hospital carried out a cardiology examination of the applicant. The relevant medical documents suggest that he was administered treatment for his heart problem and recommended open-heart surgery.
26.  Between 3 and 7 April 2009 the cardiology department of the Bucharest University Hospital produced a report on the applicant’s medical condition. The report concluded that the applicant was suffering from, inter alia, an ulcer, chronic hepatitis C and a serious heart problem. It recommended that the applicant be treated with a number of medicines, that he be provided with a suitable diet, that his hepatic function be monitored and that he be taken for the appointment which had already been made for his open-heart surgery at the Bucharest Military Hospital.
27.  In April, August and September 2009 as well as in May 2010 the Rahova Prison authorities approved the prison doctor’s request for the applicant to be provided with the special diet for detainees suffering from heart problems.
28.  Between 8 and 21 April 2009 the applicant was hospitalised at the cardiology unit of the Jilava Prison Hospital. He was treated for his heart problem. According to his discharge papers, he was recommended a low fat diet for gastric protection, medication for his heart problem, and heart surgery. He was also advised to avoid smoking and passive smoking.
29.  Between 21 April and 11 May 2009 the applicant was hospitalised at the Rahova Prison Hospital. He was examined and provided treatment for his heart and stomach problems. In addition, he was administered Silymarin, a herbal remedy used for the treatment of chronic hepatitis C.
30.  On 12 May 2009 the applicant underwent open-heart surgery at the Bucharest Military Hospital. According to him, both before and after the operation he was under constant guard and was handcuffed to the bed. He could only see his wife for a few minutes, his children were not allowed to visit him, and he was not allowed to speak to other people in the hospital ward.
31.  By a judgment of 19 May 2009 the Bucharest District Court allowed an application by the applicant seeking a suspension of the execution of his prison sentence and ordered his release for two months and fifteen days so that he could undergo surgery for his heart condition.
32.  On 20 May 2009 the applicant was discharged from the Bucharest Military Hospital following his open-heart surgery and was transferred to the Rahova Prison Hospital. He was administered the post-operative treatment he had been recommended by the Bucharest Military Hospital.
33.  On 29 May 2009 the applicant was transferred to the Jilava Prison Hospital where he continued to receive the recommended treatment for his heart and stomach problems.
34.  On 1 June 2009, after the judgment of 19 May 2009 became final, the applicant was released from Jilava Prison Hospital into the care of his family. Between 12 and 29 June 2009 he was hospitalised at the Floreasca Hospital where he underwent surgery to save a necrotic leg.
35.  On 16 August 2009 the applicant returned to Rahova Prison.
36.  On 17, 19, 21 and 27 August 2009 as well as on 3, 8, 14, 17 and 20 May 2010 the applicant received medication used to treat ulcers and heart and pancreatic problems.
37.  On 18, 21 and 27 August 2009 the applicant received the medication he required for the treatment of his heart and stomach problems from the Rahova Prison doctor and from his family. On 27 August 2009 the prison doctor also recommended that the applicant be transferred to the Jilava Prison Hospital for a cardiology examination.
38.  On 31 August 2009 the Jilava Prison Hospital carried out the cardiology examination of the applicant. In addition, he was recommended a fat-free diet, treatment for his heart problems and to be admitted as an inpatient.
39.  Between 7 and 17 September 2009 the applicant was hospitalised at the cardiology unit of the Jilava Prison Hospital where he received treatment for his heart, stomach and liver problems. His discharge papers described his condition as good. It was recommended that he undergo an electrocardiogram examination and be taken to the Cantacuzino Hospital to determine whether antiviral treatment for his chronic hepatitis C was appropriate. In addition, he was prescribed a special diet for gastric and hepatic protection, medication for his heart and stomach problems, a course of Silymarin, and advised to avoid smoking and passive smoking.
40.  Between 23 September 2009 and 15 November 2010 the applicant was examined forty-four times by the doctors of the prison facilities in which he was detained. He was provided with the recommended medication for his stomach and heart problems, except on the occasions when he refused to accept it or stated that he had already received some from his relatives. He also received medication for other ailments such as headaches, toothaches, diarrhoea and a skin infection. In addition, on 27 July 2010 he was provided with a special diet, and on 5 August, 5 October and 8 November 2010 he received (on each occasion) thirty capsules of Silymarin.
41.  On 5 October 2009 the applicant was transferred to the Prof. Dr. C.C. Iliescu Institute for Heart Disease for the recommended electrocardiogram examination.
42.  On 23 and 24 November 2009 the applicant was transferred to the Jilava Prison Hospital and the Bucharest Military Hospital for further cardiology examinations.
43.  Between 25 November and 14 December 2009, 27 May and 3 June 2010 as well as on 15 June and 26 July 2010 the applicant was hospitalised at the Jilava Prison Hospital. He was examined and received the treatment he required for his medical condition. The discharge reports described his condition as good. In addition, he was prescribed a special diet for gastric and hepatic protection, medication for his heart and stomach problems, a course of Silymarin, and advised to avoid smoking and passive smoking.
44.  By a judgment of 5 February 2010 the Bucharest District Court allowed a second application by the applicant seeking the suspension of the execution of his prison sentence and ordered his release for two months and fifteen days. It held, on the basis of an expert report produced by the Mina Minovici Forensic Institute, that the applicant’s heart condition was serious and required revascularisation surgery which could not be performed in a prison hospital. The judgment remained final on 15 February 2010, as both the applicant and the State waived their right to appeal and he was released the following day.